IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Writ Jurisdiction)

W.P.(C) No. 4276 of 2010

….....

The Consultants Cooperative Swablambi Housing Society Limited a

registered Society registered under the Self Supporting Societies Act,

1996 formerly known as The Consultants Cooperative Housing

Construction Society Limited, having its office at MECON Limited,

Doranda, Ranchi.-2

…. ..... Petitioner

Versus

1. State of Jharkhand.

2. Deputy Commissioner, Ranchi

3. Additional Collector, Ranchi.

4. Deputy Collector, Land Reforms, Sadar, Ranchi.

5. Sub Divisional Officer, Ranchi.

6. Circle Officer, Kanke, Ranchi

….

..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO

….........

For the Petitioner

: Mr. V. P. Singh, Sr. Advocate.

: Mr. Amar Kumar Sinha, Advocate

Mrs. Rashmi Kumar, Advocate

For the Respondents/State : Mr. Rahul Kamlesh, A.C. to

Mr. P. A. S. Pati, G.A.-II

........

13/14.03.2022.

Heard, learned counsel for the parties.

Learned senior counsel, Mr. V. P. Singh assisted by learned counsel

for the petitioner, Mr. Amar Kumar Sinha and Mrs. Rashmi Kumar has

submitted that the petitioner- the Consultants Cooperative Swablambi

Housing Society Limited has preferred this writ petition for quashing the

order dated 13.07.2007 passed by Circle Officer, Kanke, Ranchi in Misc.

Case No.02/2007-08 contained in Annexure-7 to the writ petition, by

which, the learned Circle Officer has illegally recommended for

cancellation of jamabandi running in the name of the petitioner's Society

with respect to the lands measuring an Area-11.49 Acres out of Plot Nos.

3737, 3728 and 3727 of Khata No.365 situated at Mauza- Simalia, P.S.-

Ratu, District – Ranchi.

Learned senior counsel for the petitioner has submitted, that the

said order of the Circle Officer has been affirmed by the learned Deputy

Collector Land Reforms, Sadar, Ranchi in Misc. Case No.02/2007-08 in

terms of order dated 30.05.2008 contained in Annexure-8 to the writ

petition and further recommended in terms of order dated 14.06.2008,

which has been brought on record as Annxure-9 to the writ petition for

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cancellation of the jamabandi on the basis of recommendation of Circle

Officer, Kanke, Ranchi and further recommended that record be sent to the

Additional Collector, Ranchi through S.D.O., Sadar, Ranchi.

Learned senior counsel for the petitioner has further prayed, for

quashing of order dated 03.07.2008 passed by the Additional Collector,

Ranchi in Misc. Case No.02/2007-08 contained in Annexure-10 to the writ

petition, by which, recommendation was made by the Additional Collector

for cancellation of demand with respect to the aforementioned lands and

further prayed for quashing of order dated 14.07.2008, passed by the

Deputy Commissioner, Ranchi in Misc. Case No.02/2007-08, contained in

Annexure-11 to the writ petition, whereby learned Deputy Commissioner,

Ranchi, without considering the materials on the record and the relevant

provision of law has arbitrarily and erroneously passed an order cancelling

long standing Jamabandi with respect to the aforementioned lands.

Learned senior counsel for the petitioner has further submitted, that

the lands measuring an Area 111/68 Acres of Khewat No.19/2 situated at

Village- Simalia, P.S.- Ratu, District- Ranchi was owned and possessed by

Syed Shahadulla Shah having acquired the same, on account of auction

purchase dated 19.11.1895 and 18.03.1904 respectively, which is evident

from the entries made in remarks column of Khewat of the said village,

which has been brought on record as Annexure-1 to the writ petition. The

said Syed Shahdulla Shah remained in possession of the lands so long

alive and after his death, there was a partition suit being partition suit No.

91 of 1948 amongst the family members of Syed Shahdulla Shah and in

the said partit